1. (1) A certified 310 Board must meet the following standards:

   1. (a) The 310 Board must have on file with DMH/MR their Articles of Incorporation and all amendments, which were provided to the local county governmental entity which established and approved the articles or amendments.
   2. (b) The 310 Board must have on file with DMH/MR a copy of their bylaws, which are consistent with their Articles of Incorporation and with the Code of Alabama.
   3. (c) The 310 Board must have approved by DMH/MR under the Code of Ala. 1975, Section 22-51-7 any amendments to the 310 Boards Articles of Incorporation and must have these amendments on file with the DMH/MR.
   4. (d) The 310 Board’s Articles of Incorporation must state the services to be provided.
   5. (e) The 310 Board must have on file with DMH/MR the resolution(s) from counties indicating the geographical area for the operation of a 310 Board.
   6. (f) The 310 Board must provide to the DMH/MR annually an unqualified prior year audit including such DMH/MR contracted funds allocated for subcontractors.
   7. (g) The 310 Board of Directors shall be established according to Alabama Code Section 22-51-8. Each certified 310 Board must provide a list of the Board of Directors to DMH/MR.
   8. (h) The 310 Board of Directors should include consumers and family members of the population(s) designated to be served. In the event a 310 Board does not include consumers and family members of the populations(s) it serves, then the Board shall appoint an advisory committee of said consumers and family members.
   9. (i) The 310 Board of Directors shall develop written policies and procedures to assure neither they nor their employees, agents, volunteers, or providers/owners, have any conflicts of interests in any business relationship they may have with a 310 Board.
   10. (j) The 310 Board must comply with the Alabama Bid Law, Alabama Code Section 41-16-50 et seq. (Supp. 1999). Within this context, members of the governing bodies and instrumentality’s of local governmental authorities must comply with the conflict of interest statute, Alabama Code Section 41-16-60 (1991). There must be an arms length transaction between the members of the Board of Directors of a 310 Board who also serves on the Board of Directors of a subcontractor.
   11. (k) The 310 Board of Directors must comply with the Alabama “Sunshine Law”, which prohibits an executive or secret session except when the character or good name of a person is involved, Alabama Code Section 13A-14-2 (1994).
   12. (l) The 310 Board must provide to DMH/MR a two-year plan of services specifying the type, the quantity and location of services provided for their designated population.
   13. (m) The 310 Board must provide to DMH/MR a comprehensive study of needs assessment and available resources for their designated population within their geographical location.
   14. (n) The 310 Board when subcontracting shall provide to the DMH/MR a copy of the subcontract for approval prior to initiation. No certified 310 Board may subcontract more than 10% of their total DMH/MR funding without approval of the DMH/MR.
   15. (o) The 310 Board may use no more than 20% of the DMH/MR contracted funds for administrative costs. Administrative costs include non-direct program costs and administrative costs to support, maintain, and administer the direct program services provided or contracted by the 310 Board.
   16. (p) The 310 Board shall not charge an administrative fee to subcontractors providing services funded through DMH/MR.
   17. (q) The 310 Board shall pay subcontractors within 15 working days of the receipt of contract funds from DMH/MR.
   18. (r) The 310 Board shall establish a CQI system, which complies with the standards set forth by the DMH/MR, and shall encompass its subcontractors of DMH/MR services.
   19. (s) For specific programs and services provided by certified 310 Boards or subcontracted by certified 310 Boards, as spelled out by Alabama Code Section 22-51-1(8), the 310 Board shall insure compliance with the specified DMH/MR service division’s certification standards.

Author: Department of Mental Health and Mental Retardation

Statutory Authority: Code of Ala. 1975, §§22-50-11.

History: New Rule: Filed October 1, 2001; effective November 5, 2001.